United States Fourth Circuit

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Rice v Rivera, 08-8191

District court's denial of defendant's request for habeas relief from his conviction for using a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. section 924(c), is reversed and remanded where: 1) the district court lacked jurisdiction over the habeas motion because defendant cannot now establish that section 2255 is ineffective or inadequate to test the legality of his section 924(c) conviction; 2) the government and the defendant have each forfeited any right to contend that Rule 48 could not be used in this context; and 3) district court's denial of the motion to vacate is reversed and remanded for it to be granted as the district court could not deny the motion to vacate simply because it disagreed with defendant and the government on the merits of the Bailey v. US, 516 U.S. 137 (1997) issue, for a Rule 48 motion that is not motivated by bad faith is not clearly contrary to manifest public interest, and it must be granted.

Appellate Information

  • Argued 03/23/2010
  • Decided 09/07/2010
  • Published 09/07/2010


  • Per Curiam


  • United States Fourth Circuit


  • For Appellant:
  • Stephen Rawson, Jeffrey Mikell Johnson